PREMISES LIABILITY ATTORNEY

Hillsborough, Pasco, and Pinellas Counties

Property/business owners (or landlords/lessors), managers, and, depending on the lease, tenants (or lessees) have a legal duty to members of the public to maintain their buildings and property in a reasonably safe manner as well as warn of conditions that might constitute an impending peril or dangerous environment. Otherwise, they may become obligated to provide compensation to those injured for their negligence. Specifically, several legal duties may apply such as the following:

Compliance with local building codes, ordinances, regulations, statutes, and other legal authority;

With respect to each of the preceding examples of negligence, the severity of the injuries and losses can be significant. If you or a loved one have become the victim of a premises liability accident due to a dangerous condition caused by the fault of another, you have rights! The Zaritsky Law Firm seeks justice and protects your rights. Our experience with personal injury claims makes us uniquely qualified to handle the multiple issues that arise in premises liability accidents.
The Zaritsky Law Firm has the knowledge and experience to aggressively represent you and protect your rights.

Premises Liability Accident Links:

Premises Liability Accident – Overview

If the owner, user, and/or company who controls the property failed to maintain landscaping, lighting, speed bumps, or something else that may have caused or contributed to the accident, fault could be attributed to such failure. In these situations, the law of premises liability may be applicable. The Zaritsky Law Firm investigates each responsible party to assist you and your family to obtain the full measure of compensation for the injuries caused by the negligence or recklessness of others.

Premises Liability Accident – Injuries

Although anyone involved in an accident can experience injuries to any part of the body, some injuries that initially appear to be minor may get worse over time. Consequently, premises liability accident victims should seek medical attention without delay.

Notably, an emergency room’s primary focus is traumatic injuries that require immediate treatment. As such, the mere discharge of a patient from an emergency room is not indicative of whether an injury has been sustained in the accident. In fact, symptoms of the underlying injury may not show up for hours, days, or, at times, weeks later. In addition, the x-rays performed at the emergency room (if any) may only relate to certain body parts or fail to capture the full measure of the injury, especially since multiple types of injuries may arise from premises liability accidents such as: whiplash, neck sprain, neck strain, back sprain, back strain, herniated/slipped or protruding discs, broken bones or fractures, closed head, TMJ, lacerations, disfigurements, burns, or other internal injuries. With respect to each, more extensive diagnostic testing and examination may be necessary.

Additional medical care and/or evaluations should be sought within a reasonable period of time. Otherwise, it may become more difficult to relate your injuries to the accident. Consequently, an extended delay or gap in time between the date of the accident and treatment may affect your ability to receive full compensation. By seeking timely medical treatment, you help to avoid arguments that imply your injuries were caused by something other than the accident that occurred on the premises. If you or a loved one have become the victim of a premises liability accident due to the fault of another, call the Zaritsky Law Firm to protect your rights.

The Zaritsky Law Firm has the knowledge and experience to aggressively represent you and protect your rights.

Premises Liability Accident – Damages

In Florida, you are entitled to compensation for the pain and suffering sustained as a result of a premises liability accident. The amount of damages recoverable for your pain and suffering is dependent, in part, upon the nature and scope of your injury. As your attorney, the Zaritsky Law Firm seeks to recover such damages from the responsible party or parties.

The Zaritsky Law Firm works to prove that you were not at fault and that the other party and/or their insurance company should pay for your medical bills, pain and suffering (past, present and future), lost wages (past, present and future), emotional trauma, loss of companionship, loss of capacity for the enjoyment of life, disfigurement, disability, physical impairment, inconvenience, and more. If you or a family member were involved in a premises liability accident due to the fault of another, the Zaritsky Law Firm has the knowledge and experience to aggressively represent you and protect your rights.

Handling Your Premises Liability Accident Case

Even a simple premises liability accident can lead to a lawsuit involving multiple parties and multiple theories of liability. When considering the entire claim, each part of the total claim must be segregated and analyzed individually. The Zaritsky Law Firm will ensure that your rights and benefits are protected by exploring all case aspects, involved parties, witnesses, potential sources of recovery, and theories of liability. We protect your rights!

Unfortunately, insurance companies (auto, motor vehicle, property, home, business / commercial, and health) are in the business of making money. This means that certain insurance companies may attempt to offer you a settlement that is far below the actual value of your claim (called “lowballing”), delay payment otherwise due (called “stonewalling”), or even deny the claim altogether. At the same time, you may be facing mounting medical bills and the reality that you will be unable to work for an extended period of time. What can you do to ensure that you or your loved one are properly compensated? How do you reduce your stress and protect your rights?

As your lawyer, the Zaritsky Law Group can negotiate with the responsible party and/or their insurance company concerning the accident and your injuries. If not resolved before filing suit, we take your case to court to help ensure that the full value of your claim is paid in a timely manner.

The Zaritsky Law Firm has the knowledge and experience to aggressively represent you and protect your rights.

Preexisting Conditions

If you were already suffering from a pre-existing condition before the accident, the law still allows for recovery. Specifically, aggravation of a pre-existing condition is compensable. Since you are entitled to seek treatment from whomever you choose, the physician or chiropractor that has already been treating you is often in a good position to determine the scope and extent of aggravation. The Zaritsky Law Firm will assist you in seeking appropriate care, investigating the accident, obtaining critical evidence, and building your claim to capture the maximum compensation you deserve and need from the at-fault party or parties responsible for your injury.

The Zaritsky Law Firm has the knowledge and experience to aggressively represent you and protect your rights.

Comparative Fault

In Florida, when more than one party contributed to the accident, the percentage of fault is compared (“comparative negligence”). If you were injured due to the fault of another, then you have a right to compensation up to their percentage of fault. As such, the at-fault party’s liability is determined by comparing their carelessness to the carelessness, if any, of yourself as the injured claimant. Stated differently, your own negligence, if any, decreases your recovery to the extent of your own percentage of fault. Accordingly, the at-fault party’s liability for the accident is determined by comparing their carelessness to the carelessness, if any, of the injured claimant to derive a percentage that must be paid for the resulting damages.

The Zaritsky Law Firm works to prove that you were not at fault and that the other party, parties, and/or their insurance company should pay for your loss and injuries. Our experience with personal injury claims makes us uniquely qualified to handle the multiple issues that arise in your pedestrian accident.

The Zaritsky Law Firm has the knowledge and experience to aggressively represent you and protect your rights.

Will the Claim Be Resolved in Settlement or Trial?

In each personal injury case, the Zaritsky Law Firm seeks to maximize your compensation by measuring the full extent of your injuries and loss. We interview witnesses, investigate fault, uncover responsible parties, obtain and examine pertinent claim documents (e.g., police report), retain and consult experts (investigative/medical/surgical/engineer/economic/life-care/life-planning/accident-reconstruction/rehabilitative/other), analyze medical records/reports, assess short and long term impact (financial/emotional/physical), identify lost income and expenses, and evaluate many other variables before deriving a reasonable settlement value. However, if the at-fault party (or parties) and/or their insurance company (or companies) fail to accept a reasonable settlement offer(s), a trial by judge or jury may be necessary to protect your rights.

The Zaritsky Law Firm has the knowledge and experience to aggressively represent you and protect your rights.

Lawsuits – Overview

1. Complaint & Summons

In the event settlement is not reached with the at-fault party, parties, and/or their insurance companies, a lawsuit must be filed with the court to protect your rights. Specifically, the Zaritsky Law Firm will prepare and file a complaint setting forth each of your legal theories for recovery against the at-fault party and/or parties. You are the “plaintiff” and the at-fault party or parties is/are the defendant(s). Along with the complaint, a summons is prepared and conformed to notify the opposing party defendant(s) of your claim and the time for their required response.

2. Responses to Complaint

Once served, the defendant(s) must respond within the designated time, which is typically twenty (20) days from their receipt of the summons and complaint (i.e., service of process). When responding, the defendant(s) may move to dismiss the complaint (e.g., lack of jurisdiction over person or subject matter, insufficiency of process or service of process, failure to state a claim upon which relief can be granted, failure to join an indispensable party, venue, or other) or file an answer to the complaint. If the defendant(s) answer(s) the complaint, they must admit, deny, or state lack of knowledge to each of the allegations. Further, the defendant(s) may raise affirmative defenses, file a counter-claim, cross-claim against another party defendant or defendants, or even file a third-party claim against another party (i.e., not a named defendant in the complaint).

If the defendant(s) fail(s) to respond within the designated time, a default may be entered by the court. If the defendant(s) assert(s) a counter-claim, cross-claim, or third party claim, then the party or parties against whom such claim(s) was/were filed must respond within another designated period of time. Again, like before, the party or parties receiving such claim(s) may move to dismiss or file an answer.

3. Discovery

After the lawsuit is filed, the “discovery” process begins, which, in most cases, requires significant time and effort. During the “discovery” process, the parties demand and exchange information that is reasonably calculated to lead to admissible evidence in trial. More particularly, the “discovery” process may involve the following methods: (1) production requests; (2) interrogatories; (3) requests for admissions; and, (4) depositions. If disputes arise during the “discovery” process, the parties may move to compel the information with the court. If a motion to compel is filed, the court may or may not schedule a hearing to rule on the motion.

4. Summary Judgment

At the end of the “discovery” process, one or more of the parties may file a motion for summary judgment (in full or in part) seeking to resolve the case or issues in the case as a matter of law with the court. Essentially, the moving party or parties claim there are no material issues of fact in dispute and that the moving party is entitled to a judgment as a matter of law. Stated differently, the moving party contends that a particular result is required when applying the facts to the law. If granted by the court, the case or issues in the case are considered resolved unless otherwise appealed in a timely manner.

5. Trial

At some point, the parties may attempt to settle the case through alternative dispute resolution (“ADR”). Some common methods of ADR include mediation (court-ordered or voluntary) and arbitration (binding or non-binding). If an agreement is reached, there is no appeal. If no agreement is reached and no summary judgment granted by the court, the case proceeds to trial. Whether decided by judge or jury, a judgment will be entered based on the facts and law. Any of the parties may appeal the judgment, in full or in part, within a designated period of time (usually 30 days).